Industry-Specific Laws :Office of the New York City Comptroller Brad Lander

Fast Food Workers Rights

Under the New York City Fair Workweek Law, fast food employers:

Must give workers regular schedules that stay the same week-to-week.
Must give workers work schedules 14 days in advance of the start of the schedule.
Must pay premiums for schedule changes or “clopenings” (a work schedule with less than 11 hours between closing and opening).
Must give workers a chance to say no to extra work or to “clopenings.”
Must give current workers the opportunity to work more regular hours before hiring new employees.
Cannot fire or reduce the hours of a worker by more than 15% without just cause or a legitimate business reason.
Must reinstate laid off employees by seniority when hours become available.
Must have written progressive discipline policies and provide a copy of the policy to workers.
Post the New York City Fast Food Workers’ Rights notice in a visible place found in multiple languages in the New York City Department of Consumer and Worker Protection’s (DCWP) website.

Who is covered?

Part-time and full-time employees who work at fast food chain establishments in New York City and perform at least one of the following tasks:

Cleaning
Cooking
Customer Services
Food and drink preparation
Off-site delivery
Routine maintenance duties
Security
Stocking supplies or equipment

Employees who are subcontracted by companies to provide services within a fast-food establishment are also covered by this law. For example, if a security company hires you to provide security services within a fast-food establishment, then you are covered by this law.

Just Cause:

Fast food workers are protected against being fired or having their hours reduced by more than 15% without a valid reason.

Employers must provide the reason for firing you or reducing your hours by more than 15% in writing, and the reason for discharge must be legitimate. These reasons can include egregious misconduct or failure to perform duties as expected.

By law, employers must have written progressive discipline policies and provide a written copy of such policies to workers.

See the New York City Department of Consumer and Worker Protection’s website for more information about the rights of fast food workers.[1]

What do I do if my fast-food employer is not following the Fair Workweek Law?

If your employer is failing to follow the Fair Workweek Law, you can file a complaint with the Department of Consumer and Worker Protection (DCWP) by filling out this online form [2] or calling 311.

Retail and Utility Safety Worker Rights

Under the Fair Workweek Law, retail and utility safety employers in New York City:

Must give workers their work schedules 72 hours before the first shift on the schedule.
Cannot schedule employees for on-call shifts.
Cannot cancel a scheduled shift with less than 72 hours’ notice.
Cannot require an employee to work with less than 72 hours’ notice, unless the employee agrees.

Who is covered?

All workers who work at a retail business stores and all utility safety workers who locate and mark underground facilities or inspect gas pipe fusions and joints are covered by this law. The law also covers employees hired by subcontractors and temporary help firms to work at retail business stores.

For more information about the provisions of the law, check the New York City Department of Consumer and Worker Protection’s (DCWP) website.[3]

What do I do if my retail or utility safety employer fails to abide by the Fair Workweek law?

You can contact the Department of Consumer and Worker Protection (DCWP) by filling out their online inquiry form [4] or by calling 311.

Food Delivery Worker Rights

Until March 31, 2025, app-based food delivery workers must earn a minimum pay rate of $19.56 dollars while they work making deliveries. This minimum wage does not include tips, and the rate is set to adjust yearly every April 1 for inflation. Visit the New York City Department of Consumer and Worker Protection’s website (DCWP) for updates about the minimum pay rate for restaurant delivery workers.[5]

Who is covered?

The law protects app-based food delivery workers who are classified as independent contractors, but who are not the owners of or operate the restaurant offering delivery.
App-based delivery workers who deliver restaurant food, and additionally, deliver other kinds of goods or items are also covered by this law.

How does it work?

As established by the Department of Consumer and Worker Protection (DCWP),[6] there are three main types of requirements that app-based food delivery companies must provide delivery workers:

Pay

Apps must pay you at least $19.56 per hour (in 2024, not including tips) for time you spend making deliveries. This minimum will be adjusted for inflation on April 1 each year.
Apps must follow additional rules that increase pay. Contact your app for information about your pay.
Apps must pay you at least once a week and offer a no-fee option to receive payment.
Apps must tell you how much the customer tipped for each delivery and your total pay and tips for the previous day. Exceptions apply. Contact the Department of Consumer and Worker Protection (DCWP).

Routes

Apps must tell you route details before you accept a delivery. Details must include pickup address, estimated time and distance, tip, and pay.
You can set an app to limit which bridges or tunnels you use and the distance between a restaurant and a customer. Apps can’t offer you trips beyond the limits you set.

Access

Apps must give you a free insulated food delivery bag after 6 deliveries.
You may have better access to restaurant bathrooms when you pick up orders. Exceptions apply. Contact the Department of Consumer and Worker Protection (DCWP).

What do I do if the food delivery app I work for is not following the law?

If you believe the food delivery app you are working for is not following the law, you can consult with the Department of Consumer and Worker Protection (DCWP) by filling out this inquiry form.[7] If you would like to file a complaint, you can use DCWP’s online complaint form or call 311.[8]

Check the Department of Consumer and Worker Protection’s (DCWP) Frequently Asked Questions’ website [9] for more details about the law.

Freelance Workers’ Rights

Under the Freelance Isn’t Free Act, freelance workers have a right to be paid on time and in full for work they have performed. The law requires that all contracts valued at $800 dollars or more be in writing and include itemization of all of the services provided, and the date that payment must be made. The law prohibits late payments and retaliation against the freelance worker. If the hiring party violates the law, the worker may be entitled to compensation of up to double the amount that was originally owed on the contract.

Who is covered?

Freelance worker is any individual hired or retained as an independent contractor (also referred to as “gig worker”, “contract worker”, or “project-based workers”) to provide services in exchange for compensation.

What do I do if the hiring party does not comply with the law?

If you believe that the hiring party may be violating your rights, you can file a complaint with the Department of Consumer and Worker Protection’s (DCWP) Office of Labor Policy and Standards by filling out this form.[10] The Department of Consumer and Worker Protection (DCWP) will notify the hiring party, who must respond to the complaint within 20 days. For general inquiries, you may also send an email to: freelancer@dcwp.nyc.gov or call 311.

For more information on Freelance Workers’ Rights, visit the New York City Department of Consumer and Worker Protection’s [11] (DCWP) website.

Grocery Worker Retention Act Rights

According to the Department of Consumer and Worker Protection (DCWP), the Grocery Worker Retention Act requires new grocery store owners who are taking over an existing grocery store to retain grocery employees for a 90-day transitional period after a change in control of the grocery store.[12] This means that new owners cannot discharge eligible workers during the transitional period without just cause.

What do I do if my current or new employer fails to abide by the law and discharges me during the transitional period.

Eligible grocery store employees may file a complaint with the Department of Consumer and Worker Protection (DCWP) within 180 days of the date the employee knew or should have known of the alleged violation. Affected workers can contact the Department of Consumer and Worker Protection (DCWP) by filling out the online inquiry form or calling 311.

For more information about the protections for available to grocery workers visit the Department of Consumer and Worker Protection’s (DCWP) website.[13]

Domestic Workers

In New York City, domestic workers are now included in the City’s Paid Safe and Sick Leave laws and entitled to a minimum of 40 hours of paid sick days.[14]

Most full-time and part-time domestic workers are protected by the following laws:

Further, since March 2022, the New York City Human Rights Law (NYCHRL) protects domestic workers from discrimination, harassment and retaliation.[15] This means that employers cannot discriminate against domestic workers based on perceived categories such as race, gender, age, nationality, citizenship status, or any of the protected categories listed under the New York City Human Rights Law (NYCHRL).

For more information on the categories protected from discrimination refer to the “Discrimination” section in this guide or visit the New York City Commission on Human Rights‘ (NYCCHR) website.[16]

Domestic workers also have a right to reasonable accommodations or schedule changes for needs such as disability, medical conditions, pregnancy, childbirth and lactation, religious observances and protection from domestic and sexual violence or stalking.

Domestic workers are also protected by New York City’s Paid Safe and Sick Laws (refer to the Paid Safe and Sick Leave section of this guide).

Employers are not allowed to ask about the salary or credit history or request to take a drug test for cannabis (THC) before hiring.

Finally, employers must provide domestic workers a written notice of their rights regarding sexual harassment, post a notice in English and Spanish regarding sexual harassment protections, and ensure that workers receive annual training against gender-based sexual harassment.

It is illegal for employers to retaliate (take adverse action) against workers for asserting their rights.

Who is covered?

Most part-time and full-time nannies, home care workers, housecleaners, or any worker who is employed in a home providing childcare, eldercare, companionship, or housekeeping services.

What do I do if my employer is not respecting my rights?

If you are the victim of discrimination at the workplace, you can call the New York City Commission on Human Rights (NYCCHR) and report the violation at (212) 416-0197 or visit Report Discrimination – CCHR.[17]

If you have questions or complaints about workplace protection laws and your rights, including Paid Safe and Sick Leave, rights under the Freelance Isn’t Free Act, and Temporary Schedule Change, you can contact the Paid Care Division of the Department of Consumer and Worker Protection (DCWP) by calling 311, online via this link,[18] or via email at OLPS@dcwp.nyc.gov.

Temporary Construction Workers

According to the New York City Department of Consumer and Worker Protection (DCWP), if you are a temporary construction worker, and work for a “body shop,” (a Construction Labor Provider), or a temp agency, your employer must have a license from the Department of Consumer and Worker Protection (DCWP). Additionally, your employer must provide you with the following notices in your primary language:

Notice of Certification, before you are hired to do a job, indicating any trainings or certifications you may need in order to do your job
Notice of Rights, upon being hired, informing you of your worker’s rights.
Notice of Assignment, before you go to your job site, including wages and benefits, and any protective equipment you may need.

These notices are available in the Department of Consumer and Worker Protection’s website in multiple languages. If you believe that your employer is failing to follow the law, you can contact the Department of Consumer and Worker Protection via their inquiry online form or by emailing the agency’s Office of Labor Policy and Standards at OLPS@dcwp.nyc.gov, or call 311.

[1] See https://www.nyc.gov/site/dca/workers/workersrights/fastfood-retail-workers.page.

[2] See https://a866-dcwpbp.nyc.gov/worker-complaint/ask-question?topic=fair-workweek-fast-food.

[3] See https://www.nyc.gov/site/dca/workers/workersrights/retail-workers.page.

[4] See https://a866-dcwpbp.nyc.gov/worker-complaint/ask-question?topic=fair-workweek-retail.

[5] See https://www.nyc.gov/site/dca/workers/workersrights/Delivery-Workers.page.

[6] See https://www.nyc.gov/site/dca/workers/workersrights/delivery-worker-rights-english.page.

[7] See https://a866-dcwpbp.nyc.gov/worker-complaint/ask-question?topic=delivery-worker.

[8] See https://a866-dcwpbp.nyc.gov/worker-complaint/file-complaint?topic=delivery-worker.

[9] See https://www.nyc.gov/site/dca/workers/workersrights/food-delivery-worker-laws-faqs.page.

[10] See https://a866-dcwpbp.nyc.gov/worker-complaint/file-complaint?topic=freelancer.

[11] https://www.nyc.gov/site/dca/workers/workersrights/freelancer-workers.page.

[12] See https://www.nyc.gov/site/dca/workers/workersrights/grocery-worker-retention-act-for-workers.page.